Jason Van Dyke, the former Chicago police officer convicted of murdering 17-year-old Laquan McDonald, could face a mandatory sentence of 96 years in prison for his crimes, according to Cook County prosecutors.
A legal brief filed by Special Prosecutor Joseph McMahon this week argues that Van Dyke, whom a jury found guilty of second-degree murder and 16 counts of aggravated battery in the Black teen’s slaying, should serve at least six years on each of the aggravated battery charges, the Chicago Sun-Times reported.
FILE – In this Sept. 24, 2018 file photo Chicago Police officers stand guard as protesters rally outside the Leighton Criminal Courthouse in Chicago during Officer Jason Van Dyke’s murder trial in Chicago. The city of Chicago is watching closely for word of a verdict in the case of Van Dyke charged with murder in the 2014 shooting of Laquan McDonald. The Chicago Police Department has canceled days off and put officers on 12-hour shifts. (Ashlee Rezin /Chicago Sun-Times via AP, File)
In October, Van Dyke became the first Chicago officer in over 40 years to be convicted of murder in an on-duty shooting. Dashcam footage from the fatal October 2014 encounter showed the officer fire 16 shots into McDonald as the teen, who was armed with a knife, retreated from officers.
Van Dyke initially faced a first-degree murder charge, which carries a life sentence and requires proof that the accused knew the killing was unjustified but did it anyway. Jurors ultimately convicted the officer of second-degree murder, finding that Van Dyke feared for his life but that his actions were unreasonable.
A second-degree murder charge typically carries a sentence of less than 20 years. However, with Van Dyke convicted of 16 counts of aggravated assault, 16 consecutive sentences of six years each would total 96 years in the slammer. The maximum sentence for aggravated battery with a firearm is 30 years, the Sun-Times noted.
The prosecutor’s brief didn’t not include suggestions on how much time Van Dyke should serve.
On Monday, Van Dyke’s lawyers submitted nearly 200 letters from family, friends and neighbors asking the judge for leniency, CBS Chicago reported. His lawyers, including defense attorney Daniel Herbert, also recommended that Van Dyke only be sentenced to probation for the second-degree murder charge, or at most, a six-year sentence for aggravated battery.
Herbert proceeded to blame McDonald for the deadly shooting, saying it was the teenager’s actions that set things in motion.
“Mr. McDonald is not blameless in this incident,” he wrote. “His PCP-fueled crime spree included a number of offenses, some forcible felonies, such as burglary, attempt murder, aggravated assault, and criminal damage to state supported property. Jason’s criminal conduct was induced or facilitated by Mr. McDonald.”
Herbert added: “Jason did not instigate this incident, he merely responded to a call for help. As state [sic] above, Mr. McDonald’s own conduct set this incident in motion.”
Prosecutors rejected the suggestion that Van Dyke only receive probation and pointed out that aggravated battery charges are more serious felonies than second-degree murder.
Van Dyke’s sentencing hearing is set for Friday, Jan. 18.
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